Kyle Alleyne found guilty of murdering wife

Kyle Alleyne will spend the rest of his life in prison without the chance of parole after a jury of seven men and five women deliberating just two and a half hours found him guilty of murdering his wife, Heather, in their Framingham apartment in 2011.

Even after a Middlesex Superior Court jury convicted him of killing his wife, Heather, more than two years ago, Kyle Alleyne was still defiant, expressing his love for her.

"Irregardless of what happened or didn’t happen, I love my wife still," said Alleyne before court officers led him from the courtroom in handcuffs. He was to be taken to MCI-Cedar Junction in Walpole on Wednesday.

Alleyne will spend the rest of his life in prison without the chance of parole after a jury of seven men and five women found him guilty of first-degree murder and assault and battery, after deliberating just two and a half hours.

But life in prison without parole doesn't seem enough of a punishment to Virginia Marcheterre, Heather Alleyne's mother.

"If Massachusetts had the death penalty, I would choose that," she told Judge Thomas Billings.

After the verdict was read, members of Heather Alleyne’s family let out sighs of relief, wept and shared hugs. Alleyne did not react when the verdict was announced.

"I feel now that Heather has had her justice, now she can rest herself," said her older brother, Tom Dvorznak, after the hearing. "It stinks the world loses out on Heather."

Virginia Marcheterre said, "I’m very, very happy with the verdict. It was hard, but we’re happy."

Along with the first-degree murder verdict, the jury also found Alleyne guilty of assault and battery on Joshua Elinoff, the man who fathered Heather Alleyne’s second child.

The first sign of emotion that Alleyne showed was when Marcheterre and Dvorznak went to the witness stand to give a victim impact statement. Alleyne lunged while handcuffed and yelled at Dvorznak.

"Don’t look at me like you’re some (expletive) gangster," Alleyne yelled. "You’re an (expletive). You’re still an (expletive)."

Court officers dragged a struggling Alleyne from the room. He was allowed to return a minute later after he calmed down.

Lamenting the "brutal slaying" of her daughter, Marcheterre said the murder has "left a scar in our memories."

The trial, she said, brought back all of the hurt they felt when authorities found Heather Alleyne’s body wrapped up in trash bags, taped in a blanket and a sleeping bag on Aug. 9, 2010, she said.

"She was a victim of unspeakable domestic violence," she said.

Marcheterre also said, because of the murder, she does not get a chance to spend a lot of time with her granddaughters, Karlah and Nevaeh.

"I will never be able to be part of my two granddaughters’ lives the same way I would be if my daughter was alive," she said.

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Dvorznak described the turmoil that occurred after Heather Alleyne’s body was found. Because Kyle Alleyne was the next of kin, her family had trouble getting custody of her body. Alleyne at one point wouldn’t release the body to the family, and later blocked their efforts to have Heather Alleyne cremated.

He said he hopes that the family can get support for the so-called Heather’s Law, which would prevent someone charged with a person’s murder to have jurisdiction over that person’s remains.

"I’m hoping everyone will be able to help us get the law changed," Dvorznak said.

On Wednesday, prosecutor Joseph Gentile and Alleyne’s lawyer, Michael Bourbeau, presented final arguments to the jury.

Bourbeau, who went first, told the jury the state’s case left more questions than answers, and it was based primarily on circumstantial evidence.

Bourbeau used a Power Point presentation during his closing argument and questioned why authorities focused the investigation on Alleyne instead of looking more at Elinoff, who was obsessed with Nevaeh, and had clear motive to kill Heather for taking his daughter away from him.

"At the time of this sad, sad death, the evidence is the relationship between Kyle and Heather was a beautiful, loving relationship," Bourbeau said.

Gentile, during his closing argument, said the Alleynes' relationship was not in a good state at the time of the murder, and he suggested Kyle was unhappy Heather had a baby that wasn’t his. DNA tests proved that Nevaeh, born on July 23, 2010, was not Kyle Alleyne’s. Elinoff instead fathered her when he and Heather had a brief relationship in 2009 after she left her husband for a few months.

Gentile continued to challenge Alleyne's testimony that he didn't notice any blood in the Rte. 9 apartment or the gruesome wounds on his wife’s face after she was killed. During his testimony Tuesday, Alleyne said when he found his wife, he thought he saw life in her eyes.

"He did see life in her eyes," Gentile said Wednesday. "He saw it before he plunged the knife into her upwards of 13 times."

Along with the life sentence, Billings also sentenced Alleyne to two years in the House of Correction for assault and battery on Elinoff. Alleyne had punched him in the face on Aug. 6, 2010.

Middlesex District Attorney Gerry Leone said the murder was another disheartening example of domestic violence.

"The disturbing nature of this case is a stark reminder that our efforts to combat domestic violence must remain a top priority," he said in a statement. "We will continue to work in every way that we can to prevent domestic abuse while also serving and protecting victims."

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Norman Miller can be reached at 508-626-3823 or nmiller@wickedlocal.com. For up-to-date crime news, follow Norman Miller on Twitter at @Norman_MillerMW.